Turn your conditional green card into permanent residency
If you obtained your green card through marriage and were married for less than two years at the time of approval, your status is conditional and expires in two years. The removal of conditions through Form I-751 is essential to convert your temporary status into permanent residency.
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What is the Removal of Conditions on a Green Card (Form I-751)?
The removal of conditions on a green card, formalized through Form I-751 (Petition to Remove Conditions on Residence), is the mandatory process for conditional permanent residents who obtained their green card based on marriage to a U.S. citizen or permanent resident, when the marriage was less than two years old at the time of approval.
The conditional status is valid for only two years and must be converted into full permanent residency (valid for 10 years) through this process.
The I-751 must be filed during the 90-day window immediately preceding the second anniversary of obtaining the conditional green card.
Failure to meet this deadline can result in the automatic termination of resident status and the initiation of removal (deportation) proceedings.
Turn your conditional green card into permanent residency
The process requires demonstrating that the marriage was entered into in good faith (a genuine marriage) and not for immigration fraud purposes, through robust documentary evidence proving a genuine marital life throughout the two years.
There are special situations where the I-751 can be filed individually (requesting a waiver of the joint filing requirement), including: divorce or annulment of the marriage, the death of the petitioning spouse, cases of domestic violence or extreme abuse (VAWA), or a situation where termination of status would result in extreme hardship. Each scenario has specific evidentiary requirements.
The I-751 is for conditional permanent residents who wish to make their Green Card unconditional
If you obtained your green card through marriage and were married for less than two years when it was approved, your residency status is conditional and automatically expires after two years unless you file Form I-751 and get the removal of conditions approved. This process is not optional; it is mandatory to maintain your legal status in the United States.
Conditional permanent residents who are approaching the second anniversary of their marriage-based green card.
Spouses of U.S. citizens or permanent residents who maintain genuine marriages and wish to convert their conditional status to full permanent residency.
Individuals whose marriage ended in divorce, annulment, or widowhood but who entered the marriage in good faith and need to file an I-751 with a waiver.
Families who need assistance organizing proof of marital life (commingling of finances, joint leases, children, ...).
Conditional residents seeking permanent status, eliminating the uncertainty of a temporary status.
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The transition from conditional to permanent resident is a critical step and cannot be overlooked. Failing to file Form I-751 can result in the loss of your status and potential serious complications. Our team is ready to evaluate your evidence, guide you on the necessary documentation, prepare a compelling petition, and handle your case, ensuring you maintain your permanent residency without complications.
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Founded in 1992, Kravitz & Guerra Law Offices is a law firm with a well-established presence in Miami, Florida, specializing in North American immigration law. With over 40 years of combined experience, our legal team is led by Robert Alan Kravitz, founding partner and active member of the American Immigration Lawyers Association (AILA), and Genilde Guerra, with extensive experience in real estate, tax, and corporate law.
We believe that every immigration process tells a unique story. That is why our approach is deeply personalized: we carefully analyze your profile, design tailored strategies, and guide you through each step with proximity and clarity.
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When exactly should I file Form I-751?
Form I-751 must be filed during the 90-day window immediately before the second anniversary of the date you received your conditional green card (the date printed on your card as “Resident Since”). Filing before or after this window can result in complications.
What kind of evidence should I submit to prove the marriage is genuine?
The strongest evidence includes: joint tax returns for the two years; joint bank accounts and investments; a lease agreement or property deed in both names; life or health insurance policies where spouses are beneficiaries; shared utility bills; birth certificates of children; photographs from family events, trips, and celebrations throughout the two years; and detailed affidavits from friends and family who know the couple. The more diverse and consistent the evidence, the better.
Can I file Form I-751 if I am divorced or separated?
Yes, but you must file with a waiver (a request to waive the joint filing requirement) and demonstrate that the original marriage was entered into in good faith, even though it has ended.
How long does the I-751 process take?
The average time varies significantly depending on the USCIS service center and the volume of petitions. After filing on time, your resident status is automatically extended while the case is pending, and you will receive a receipt notice (NOA1) that serves as proof of this extension. Some cases require an in-person interview, which can add time to the process.
My child is also a conditional resident. Does he need to file a separate I-751?
If your child obtained conditional status at the same time as you or within 90 days after, they can be included in your I-751 petition. If the child is not included, they may need to file their own I-751 separately.
Form I-751 must be filed during the 90-day window immediately before the second anniversary of the date you received your conditional green card (the date printed on your card as “Resident Since”). Filing before or after this window can result in complications.